Tag Archives: oer

Launch of Toolkit for reflecting on the use of Digital and AI Technologies in Learning and Teaching⤴

from @ Experimental Blog



Last Monday, before heading up to Dundee University to move my son into student halls, I had the opportunity to attend the launch of an excellent new resource at the University of Glasgow.

The team at the School of Education has developed the Toolkit for Reflecting on the Use of Digital and Artificial Intelligence (AI) Technologies in Learning and Teaching. Rather than promoting specific tools or offering a rigid compliance checklist, the toolkit encourages structured reflection, professional dialogue, and active enquiry through self-assessment activities, real-world case studies, and guided reflective frameworks. It supports reflection across various dimensions of technology use and can be used individually or collaboratively, with the flexibility to adapt to different educational settings.

It is structured into four parts that move from examining personal pedagogical assumptions to analyzing mock case studies and planning future lessons. By utilising established academic frameworks like SAMR, TPACK, and the Conversational Framework, the resource encourages a shift from mere technology adoption to evidence-informed reflection. 

The materials also highlight ethical considerations, such as data privacy and accessibility, ensuring that tools serve human-centered learning goals.

Ultimately, the toolkit provides a staged scaffold for practitioner enquiry, helping teachers sustain a reflective digital practice as technology evolves.

It was good to meet some Education Scotland colleagues along at the launch and hear that they had been supportive in the development of this resource. 

The toolkit has several clear strengths:

  • Sensible progression: It thoughtfully steps staff through selecting suitable technology based on actual learning needs, asking grounded questions about tech and AI along the way.
  • Solid pedagogical focus: It grounds learning design effectively, with a particularly useful focus on the ABC model.
  • Open access: It is published as an Open Educational Resource (OER), making it widely accessible. #OpenScot 

The overall approach is remarkably sound, and it is worth planning to use some of the slides and exercises with staff to help shape their approach to learning technology and AI. That said, to make the absolute most of it in practice, there are a few tweaks I'd make:

  • Streamlining the activities: I’d likely cut down on some of the exercises. A few sections feel slightly wordy, and it can take a bit long to reach the practical next steps of selecting the right technology.
  • Localising to institutional context: In an institutional setting, you need to explicitly point staff toward the specific tools supported by their institution. The toolkit omits this local layer to remain universally applicable, so I’d add that context back in.
  • Critiquing misuse: It also presents a good opportunity to explore what might be missing, or address where educational technology and AI are being used inappropriately. Example I often use - a poor set of engineering lecturers being driven to distraction by an edtech trying to get them to adopt Powtoons of cuddily toys with powertools. 
  • Expanding case study scope: The team is currently expanding the case studies at the back. Right now, they are heavily focused on primary schools, which opens up a great opportunity for colleges and HE institutions to collaborate with the university to develop further sector-specific examples.

Ultimately, I’d take the core slides and checklists and adapt them to fit a specific institutional context. Overall, the resources in this pack are a valuable addition to the toolkit of both Learning Technology teams and staff developer leads.

There are a lot of resources appearing in this space. (digital learning support with a focus on AI)  I didn't ask but was not sure where this resource fitted along side Glasgow University's lead on the Centre for Teaching Excellence and or work around digital learning appearing from the digital hub at Edinburgh University. 

Event was timely as I was doing a sector wide presentation later in the week with an AI focus and I was able to include this resource in references. 

There was a plug too for an 'International Symposium' on AI in summer 2027 

If you work in Learning Technology or a Learning and Teaching Academy worth downloading the PDF - and with proper attribution for orginal underpinning work perhaps running your own local AI model to repurpose some of the slides and resources in this pack.  My preferred model for this at moment is giving Notebook LM the PDF and asking it to create presentation slides that I can then edit. 

Here is a first pass at creating presentation from the PDF using Notebook LM - it is far too 'glossy' I would never use a deck like this - but great indication of what Notebook LM can do in under a minute.  Please note proper attribution. 

Get Involved


Contribute Case Studies: If your college or university wants to contribute sector case studies, reach out to Dr. Mark Peart at the University of Glasgow School of Education.

Year Two over the Top : Post Summer Blog Catch Up #OER26⤴

from @ Experimental Blog


I am still pinching myself that I'm not back in the trenches for a fraught start of term.

I've moved on a lot since last year, and the work keeps evolving. 

All the very best to all who are back for a new session. 

I had a busy end to my part-time consulting year!  And then a useful chance to simply potter about and reflect. Had great fun watching World Cup too in Scotland and France. 

I am a few blog posts behind. 

Here is a quick look at what I’ve been up to:

  • Holyrood Communications: I had the privilege of speaking on the transformative role of AI in Education, exploring both the opportunities and challenges it brings for learners and teachers. Mainly how assessment needs to change. But have a close look at the presentation on skills you and learners need to develop to make the most of AI tools.

  • #OER26: Connected with the open education community to share ideas and insights on the future of open educational resources. I focused on the practical things that open education advocates and their organisations should be doing to be open. Extended blog to follow.

  • Very timely as the Scottish Government has finally got behind Open Practice. Caught up too over the summer with the team leading on this work. Worth a read - if I was still working at a public body or at an institutional level I'd be figuring out how we start the journey towards sharing more resources publicly with an appropriate open licence and discussing this with all stakeholders. 

    The #openscot community and Association for Learning Technology have lots of experts on hand who could help.
  • Quality Systems: Delivered a session for Northampton College on familiar territory of quality systems internal and external quality assurance for their engineering academic team. 

  • Île de Ré: Balanced the busy schedule with a fantastic summer break on the French coast, enjoying the quiet beaches, cycling routes, food, wine, and plenty of sunshine (perhaps too hot this year).

  • Glasgow Commonwealth Games: Spent an unforgettable time volunteering on the ground, soaking in the vibrant energy of the events. Some memorable moments: the Ugandan team (on a rainy day)  telling me how beautiful Scotland was in the autumn and being surprised it was summer.  The Cook Islands team singing and playing their music on their hotel balcony each evening.   Above all, working with a great set of volunteers and welcoming so many different people into the City of Glasgow. 

  • RSA Scotland: Supported the Commonwealth Reception in Trades House of Glasgow, engaging in fantastic conversations with fellows and partners celebrating regional and international connections and handing the baton on to the Indian delegation. 


  • Mentoring: Continued supporting senior leaders on driving change, leveraging digital tools while staying human, and leading authentically. If you role-play being a rotter, you risk getting stuck in that mode, and we have more than enough angry leaders in the world right now!

Looking forward to ALTC in Cardiff, meeting new ALT Scotland Exec members, and supporting Instructure Canvas (including Canvas Con in November) and moving on a few other projects that will keep me occupied into the new year. 


#OER25 Reflections : Open Practice and AI⤴

from @ ...........Experimental Blog

 

OER25 Reflections: Open Practice and AI 

Since 2010, I’ve only missed a handful of the #OER conferences. Over the years, I’ve chaired, curated, and presented, but this year was different. I had the privilege of delivering a keynote, and with it, the chance to speak up for the vocational college sector. It’s a world of practical solutions, limited resources, and a different focus on learning. Perhaps a world less threatened by AI - we do things, demonstrate skills and create things - we don't write essays about how we might do things. 

A Keynote in Good Company

It was great to share the keynote stage with my friend and colleague Helen Beetham. Helen’s keynote was a masterclass in critical thinking, measured, cautious, and deeply principled. Her stance on AI in education was almost a full rejection, grounded in ethical concerns, systemic critique, and a call to resist the current trajectory of big tech. Focusing on the darker undercurrents of AI: copyright violations, exploitative labour practices, environmental degradation, and surveillance. 

Her outrage over AI systems targeting Wikipedia contributors was particularly horrifying. She advocates a boycott of current AI models and recommends the AI Now Institute’s 2025 Landscape Report as a roadmap for resistance.

Helen’s own writing, especially her piece on “Marking the Government’s Homework,” is essential reading for anyone grappling with the ethics of AI in public services. Her Substack is loaded with thoughtful critique.

You can explore both of our jumping off points  here. 

I hope I offered a useful counterpoint: someone who’s on the AI train, but still mindful of the price of the ticket. I really think we still have a lot more to do around equity, sharing and empowering learners. 

My slides including additional support materials are included at end of this blog post. I really don't think AI will damage the human brain - but it was interesting that someone suggested that untested and unsound it could create a scandal on scale of  thalidomide. I remember being told that too much TV would rot my brain too. 

That is the level of contention around adoption of AI in education. At least there is discussion and policy movement here. My presentation reflects a lack of movement around Open Education policies in Scotland specifically but around the UK too.  

Missing My Sense Filter

I have to mention the absence of my Open Scotland co-founder, Lorna Campbell. Lorna is a fixture at these events and serves as my sense filter. She was unfortunately laid low this year, but her blog post, “Stepping Back and Speaking Truth to Power,” offers a moving reflection on the conference and her own journey. 

AI: The New Scary Kid on the Block

Artificial Intelligence is undeniably the new disruptive force in education. But there’s a real danger that open education and open practice will be bullied further into the margins. We  across the UK lag behind global peers in adopting coherent policies around open educational resources (OER) and open practice.

The challenge is that AI’s shiny allure and/or toxicity distracts us from the deficits in our current system. 

In higher education, the model was broken long ago. I had hoped that the arrival of the internet and search engines would revolutionise assessment and pedagogy. Instead, we’re still clinging to outdated frameworks while fearing that AI might “eat our content.”

Here is a summary of other sessions I got along to

One of the most inspiring initiatives I encountered was the Learning with AI PressBook project, where students create resources to help peers and faculty navigate AI tools. It’s a brilliant example of co-creation and learner-led innovation.

Meanwhile, the Netherlands continues to lead the way in open education. The NPULS platform encourages content sharing across tertiary institutions, a model that Scottish agencies like the SFC and QAA Scotland are only beginning to consider. We’re still stuck at shared services, never mind shared learning content.

The Open Textbook Library workshop was another highlight. Years ago, we worked to ingest open textbooks into our college library catalogue, and it’s heartening to see that momentum continue. The emerging Community of Practice for the UK and Ireland is a promising space for collaboration.

A standout session from Catherine Cronin, Louise Drumm, and Helen Beetham explored alternatives to AI through their “Generating AI Alternatives” workshop. It is a thoughtful and provocative way to spark debate around AI and OER. As is the  Scottish Tertiary Education statement on the use of generative artificial intelligence

David Callaghan's illustration summed up nicely some of audiences fears around AI 

Kate Molloy and Claire Thompson ran a super session on Adapt/Resist and Go Rogue Out on the edge demoed https://www.napkin.ai/ and other tools to help us reimagine the future. 

A wonderful over view of EDM122: Digital Literacies and Open Practice an open course. For teachers to reflect on their practice and become open practitioners https://blogs.city.ac.uk/dilop/sample-page/  

Amazing and a very practical workshop from Tim Fransen looking at how much energy and what the processes are that Stable Diffusion uses to generate an image output and tips for teachers and students on how to use these tools efficiently.

To quote Tim ' the workshop invites educators to move beyond binary narratives of ‘AI as threat’ or ‘AI as saviour’ and toward a more nuanced, informed, and open educational approach to understanding and engaging with these technologies responsibly' 

Really gave an accessible and reflective entry point into the inner workings of generative AI systems and how it works to create images not just text. I can see graphics , gaming and even computer lecturers interested in this deep dive.  Also great use of https://mmm.page/ a useful tool for OER creation. 

Reminded again of all the great work that Global OER Graduate Network does https://go-gn.net/

Attended two thought provoking sessions from Dominik Luks - one around how AI is supporting minority languages around the world and one seriously debunking some of the AI myths around its use of energy and water.  He even quickly used AI to create a more flexible programme App for #oer25 on the fly. 

An amazing Ukrainian librarian Dr Tetiana Kolesnykova spoke from the Scientific Library and the network supporting the University libraries of Ukraine with OER.  The University library has been bombed flat but learning carries on. Truly humbling. If you have a moment send Tetiana a message of support. Slava Ukraine !

Gratitude and Grounding

As ever, there were too many great sessions, great chats  and too little time. Hats off to co-chairs Sheila MacNeil and Louise Drumm and the entire organising committee for curating such a rich programme.  Well done too to ALT for continuing to keep the fires of open education burning in the UK. This community of change makers remains one of the most inspiring in UK around innovation in learning and teaching.  

Someone called me a “legend” on social media, caused much hilarity at home, but for now, I’m just grateful to have shared space, ideas, and optimism with so many passionate advocates for openness.

Looking Ahead

I’ll post my slides here , and I hope others will share theirs too. The conversations we started at OER25 need to continue, especially as AI reshapes the landscape of education. We must ensure that open practice doesn’t get pushed into the shadows. Instead, let’s use this moment to reimagine what openness can mean in an AI-driven world. I am looking forward to pushing the discussion on later in September and at OERGlobal Camp in November.

There are some other great blogs from #oer25 that capture much more than I can here. Love to all old friends and new.

We do really need to take back the commons we are missing better use of social media all round. To change things and have a common front we need better solidarity. 

It is the start of session. How will your institution lead out an open educational initiative this year ? and how will you support and encourage teaching staff to become open practitioners ?   

https://catherinecronin.net/conferences/oer25-speaking-truth-to-power/

https://howsheilaseesit.net/oer/oer25-our-silence-will-not-save-us/


One Year Over the Top ; Reflections. The Joy of Not Being There: A September Without the Start of Term⤴

from @ ...........Experimental Blog

I've been feeling a bit guilty. I've done a bit of work over summer but mainly I've just chilled.  It was strange coming back from a foreign holiday and not having to check lots of work emails - but it is a really nice sensation. 

This September, for the first time in thirty nine years , I am not preparing for the start of term. No staff briefings. No last-minute system tweaks. No wondering whether staff will be more engaged, more challenging, more everything - and what budget cuts are coming down the line etc and mainly wondering if the students will cope and will staff actually step them through induction or leave them to sink or swim. And or the dreaded moment when we discover that something promised to support induction hasn't actually happened - but it's included in all our start of session materials. 

As I push on I am bringing opportunities back to the College sector and the folks I know will be receptive to new ideas.  

Time to for a quick reflection on what I said I would do and what I've actually achieved and what I have to catch up on - I am due a post both on ALT Scotland SIG meeting at end of June and on #OER25 which I keynoted at before heading off on leave. That will be my next tasks.

When I said my farewells I promised I would keep pushing on a number of fronts.  Here is a potted update and a report card. 

  • UNESCO - Continue shaping bid for project around better understanding of the open source code available for creation and management of Open Badges in support of Micro credentials. Bid completed and I anticipate publication appearing before Christmas.  This from work in Bilbao 
  • Continue work with UK Digital Badging Commission - input completed and work now published. Tied in well with UNESCO work and my fellowship with RSA. Led to some comms and  work with 1Edtech.  Scottish education seems miles away from adopting these approaches. 
  • Hopefully continue to support work of QAA around Scottish Tertiary Quality framework. Delighted to say I now have a part-time role as a Quality Assurance Specialist for QAA.
  • Champion Teachermatic and other AI approaches to changing learning paradigm. This is still work in progress have delivered a number of sessions and keynotes.
  • Champion Canvas by Instructure . I am still due to do a bigger deeper blog on Canvas and why it should be platform of choice. But enjoyed working with Martin Bean in Scotland and enjoyed my time in Barcelona at #CanvasCon 
  • Continue to support Open Scotland following Dubai Summit to encourage more Open practice in Scotland. I keynoted #oer25 in London in June ( post to follow) I've presented to Once for Scotland to see if we can re-engage policy makers across Scotland and hoping to pick up conversation with Lee Dunn in the current administration. I am presenting OERGlobal25 in November. 
  • Encourage better understanding of Adaptive Comparative Judgement - this probably one area where I haven't really pushed on. 
  • Offer informed input on shape and future of tertiary sector in Scotland.  I keep knocking on relevant doors. There really needs to be a wholesale change in approach. 
  • Continue as Chair of Association of Learning Technology special interest group in Scotland and do a bit more community building for ALT. Held two meetings this year. Summary of online conference April  - report on June Stirling Conference to come and I am co-chair of UK ALTC Conference coming to Glasgow for first time in October. 
  • Continue to offer support to  suppliers , institutions and staff who want to digitally transform their practice and the experience of learners. Some notable successes with Smart Technologies really down to quality of product and support available in Scotland and in dialogue with a number of other suppliers. I continue to work with lots of old friends from @Bett Conferences  and my network. 
  •  I've run a couple of College sessions but sector could do with a few more - still not really seeing blended learning to the fore.  I think I could do more on that front. (if anyone wants a short workshop on digital transformation for managers or teaching staff - please just reach out) 
  • FRSA - Support Glasgow branch around organising a series of events this and next year. Making progress civic reception at City Chambers and event at Citizens Theatre in planning - reaching out to Education contacts for RSA.
  • Continue as Chair of IWasGonnae and Old Hall Scout Group. - both organisations thriving - really down to the energy and skills of the teams there. 
I've done lots of travelling over the year for business and fun and hosted some guests in Glasgow. 

Here are two happy snaps of 

Kim William Gordon, PhD from EdTech Research Labs St Louis USA

Maria Soledad Ramirez Montoya, UNESCO Chair Open Educational Movement for Latin America







OER25, our silence will not save us⤴

from

I’m home after quite a hectic work week in London now have a bit of time to share some reflections on the OER25 conference which I had the pleasure of co-chairing with Louise Drumm.

Over 100 people from all over the world joined us in London for the 2 days of the conference to address the conference theme of speaking truth to power: open education and AI in an age of populism. I wasn’t able to make it to the event until almost the end of day 1 (in perfect time for the drinks reception!), but when I did get there, there was a palpable sense that something special had happened during the day.

It was so lovely to catch up with old friends and colleague and of course to make new connections. One of the strengths of the OER conferences is their size. Not to big, not too small, but in that sweet spot of having enough people to create the perennial conference challenge of deciding what presentation you need to go to in each session as you want to go to them all.

It’s also the right size that it is easy to get to speak to people after sessions, after keynotes and so be a bit more inclusive that some other larger conferences. The amount of engaged conversations at the end of day one, once again showed that the OER magic was still very much in place. Louise and I were so touched when at the end of the conference 2 “first timers” gave us a thank you card. To me that just summed up the positivity that the conference fostered.

photo of a card with the words thank you in gold on a background of flowers

I was sad to miss Helen Beetham’s keynote, but once again could tell that she had set just the right tone ( I know Helen will be sharing slides over on her substack site soon) around approaches to resisting and rewilding in the age of AI. Joe Wilson got day 2 off to a cracking start with his call to arms around challenging, using and subverting technologies, and freeing our inner punk spirit.

I wouldn’t call the OER delegates a bunch of renegades (well, maybe I would in a positive way in the pub!) but there were so many stories around going rogue across the 2 days. This both heartened and saddened me. I took a lot of positives from the conversations I had and the presentations I saw. The work that delegates shared once again showed the power and the need for care, compassion and open sharing in education (and in turn across society). There was also as sense of relief across the room, that people had (re)connected with “their people”, and were taking and creating hope, ideas and energy in a safe and open place. However, many of the conversations also saddened me and reminded me of just how uncertain and f***ed up our world is right now.

I’m not sure how far we were speaking truth to power, given the size of the conference, and the lack of interest in open education across places of power. However, I do think that the the conference did give a well needed and deserved shot of energy to delegates who are trying to ensure we are providing equitable, accessible, critically informed learning experiences for learners wherever we are working in the world. As we know from history, our collective actions can and do make a difference.

I know that I have always been energised by OER conferences, and they have always given me so much to reflect on and share in my work and here in this blog. I’m also aware that over the past year (probably more) I have found writing/saying anything very difficult. Mostly it’s because I quite frankly don’t know what to say most of the time. But the shifts in ownership, use and abuse in and across social media have also brought an almost self imposed silence. On my way to the conference I was reading Art on my mind by bell hooks. In the introduction she writes,

“we risk having our ideas appropriated or go unacknowledged by those who enjoy more power, greater authority of voice, within the existing structure. This can lead us to choose silence. Audre Lorde spent a lifetime warning us of the danger in such a choice, reminding us that our silence will not save us”

Oh, how that struck me. “our silence will not save us“. As with all great writing, it seems to resonate even more now than when originally written. It seems so applicable to the context of not just discussions around open education but across all of education and society. We need to make sure we find (open) ways to ensure we are not silenced by over riding narratives around the transformational power of AI in education we need to keep sharing our research, our critically informed perspectives and most of all we need to keep finding ways to stay connected, and not be silenced. Our voices, our truth can save us.

OER25 – Stepping back and speaking truth to power⤴

from

The 16th annual Open Education Conference (OER25) is taking place in London next week and the theme “Speaking truth to power: open education and AI in the age of populism” could be more urgent or important.  Chaired by Sheila MacNeil and Dr Louise Drumm, both of whom have a long standing commitment to critical engagement with ed tech, the conference features keynotes by Helen Beetham and Joe Wilson. 

Helen’s keynote, “When speaking truth is not enough: repurpose, rebuild, refuse”, will explore the links between the AI industry and the politics of populism. Helen’s thoughtful, contextual approach to education technology and AI in particular has already made me step back and question the  foundational concepts of artificial intelligence.  I’m still thinking about her keynote at the 2023 ALT Winter Conference “Whose Ethics? Whose AI? A relational approach to the challenge of ethical AI.”

Joe Wilson has been my Open Scotland partner in crime for over a decade now and I’m continually inspired by his optimism and his commitment to openness.  Joe’s keynote, “Shaping Open Education ” will focus on the challenges of closing the attainment gap, promoting social mobility, ethical use of AI and keeping open education at the heart of change.

I’m also really pleased to see that Natalie Lafferty and Sharon Flynn will be leading a workshop on reviewing ALT’s Framework for Ethical Learning Technology, which is more critically important now than ever.  The workshop will inform an updated version of the framework, which is due to be launched at the end of the year. 

I’ve been hugely privileged to attend all fifteen OER Conferences, going right back to OER10 in Cambridge, but unfortunately I won’t be able to go to London this year.  I’ve had to step back from all work commitments as I was diagnosed with stage two throat cancer earlier in the year. I’ve already completed six weeks of radiotherapy treatment and am now (hopefully!) on the slow and convoluted road to recovery. (The jury is still out as to whether and how this relates to the autoimmune disease I was diagnosed with last year.  That remains to be seen.) Over the last six months I’ve been deeply moved by how immensely kind people have been, I really can’t express my gratitude enough.  

I haven’t had much energy to focus on anything other than recovery for the last six months, but during occasional bright spots I’ve found myself turning more and more to independent writing and journalism in an attempt to find some respite from endless doomscrolling. Shout out to Audrey Watter’s Second Breakfast, Rebecca Solnit’s Meditations in an Emergency, Carole Cadwalladr’s How to survive the Broligarchy, and Helen Beetham’s imperfect offerings for keeping me sane, more or less. All inspiring women with fearless voices speaking truth to power.

I’ve also been enthralled by the Manchester Mill’s tenacious investigative journalism that led to the suspension of two member’s of the University of Greater Manchester’s senior leadership team, including the vice chancellor, and the subsequent police enquiry into “allegations of financial irregularity“. As a former (brief) employee of the University of Greater Manchester, when it was better known as the University of Bolton, I’ll be watching with interest to see how this investigation develops.  

I’ve been making a rather half-hearted attempt at following the progress of the government’s questionable Data (Use and Access) Bill, particularly as it relates to AI and copyright, but I haven’t got the brain or will power to write about that right now.

In the meantime, I’ll hopefully be able to follow some of the OER25 Conference online and I’ll be with everyone in spirit, if not in person, this year. 

Copyright and Cartoon Mice – Gen AI Images and the Public Domain⤴

from

(This post was previously published on the Open.Ed Blog.)

With many image and media applications now integrating AI tools, it’s easier than ever to generate all kinds of eye-catching graphical content for your presentations, blog posts, teaching materials, and publications. Want a picture of a cartoon mouse to liven up your slides?  No problem! Stable Diffusion, Midjourney, DALL-E, or Media Magic can create one for you. And if your AI generated rodent happens to bear a striking resemblance to another well known cartoon mouse, well that’s just a coincidence, no?

Copyright and AI

The relationship between ownership, copyright and AI is still highly contested both in terms of the works ingested by the data models driving these tools, and also the content they generate.  Many of these data models ingest content that has been scraped from the web, with scant regard for intellectual property, copyright and ownership. Whether this constitutes legal use of protected works is a moot point. Creative Commons position is that “training generative AI constitutes fair use under current U.S. law”.  Not everyone agrees;  several artists and media organisations are attempting to sue various AI companies that they claim have used their creative works without their consent. Creative Commons believe that preference signals could offer a way to enable creators to indicate how their works can be used above and beyond the terms of the licence, and are exploring the practicalities of this approach (Preference signals for AI training.) It remains to be seen whether this is likely to be an effective solution to an intractable problem.

The European Union have taken a slightly different approach to copyright and AI with their EU Artificial Intelligence Act. Broadly speaking, the Act permits GenAI providers to use copyright content to train data models under the terms of the text and data mining exceptions of the existing Directive on Copyright in the Digital Single Market (DSM Directive).  However, rights holders are able to reserve their rights to prevent their content from being used for text and data mining and training genAI. Furthermore, providers must keep detailed records and provide a public summary of the content used to train their data models. In short, it’s a compromise; Gen AI models can scrape the web, but they must keep a public record of all the content they use, and they must allow copyright holders to opt out.  How this will work in practice, remains to be seen.

The UK is one step behind the EU, the government is undertaking an open consultation on Copyright and Artificial Intelligence, which appears to be broadly following the EU’s approach.

Copyright of AI Generated Content

Then there’s the issue of who owns the copyright of AI generated content. One common assumption is that AI generated images are not subject to copyright because they are not creative works produced by humans. Creative Commons perspective is that “creative works produced with the assistance of generative AI tools should only be eligible for protection where they contain a significant enough degree of human creative input to justify protection.” (This is not a bicycle: Human creativity and generative AI.) The problems start when AI tools generate images that are almost indistinguishable from the content they have ingested.  Take that AI generated cartoon mouse for example.  The reason it’s so similar to Disney’s famous, and famously copyright mouse is that the AI data models are likely to have scraped millions of images of Mickey Mouse from the web, with little regard for Disney’s intellectual property.  Rights holders may be able to argue that an AI generated image infringes their copyright on the basis of substantial similarity (The complex world of style, copyright, and generative AI.) This represents a risk which AI application developers are keen to shift on to their users. It’s not uncommon for AI applications to explicitly make no copyright claim over the images generated by their tools.  For example with regards to the copyright of AI generated images, Canva states:

“The treatment of AI-generated images and other works under copyright law is an open question and the answer may vary depending on what country you live in.

For now, Canva does not make any copyright claim over the images you create with our free AI image generator app. As between you and Canva, you own the images you create with Text to Image (subject to you following our terms), and you give us the right to host them on our platform and to use them for marketing our products.”

So if Disney does happen to spot your AI generated cartoon mouse and decides to sue, it’s you, or your employer, that’s going to be liable, not the tool you used to generate the image.

OER Service Guidance

The University of Edinburgh’s OER Service currently provides the following advice and guidance on using AI generated images:

OER Service advice on using Gen AI Images: AI generative software cannot create “original” images out of nothing. ​ ​ Its models are created from pre-existing data to generate derivative ​ images for your prompts. ​ ​ The origin of the pre-existing data is crucial not only in determining copyright ownership for the generated images, but to avoid rights infringement of pre-existing works. ​ ​ When Generative AI is trained using works created and owned by a third party without permission, the results may infringe on the rights of the third-party creator or artist.​

OER Service advice on gen AI images: Questions to consider:​ Does the Generative AI provider confirm that the data used to train the model has been legally accessed or licensed?​ 2. Will the provider own any rights over the creations?​ ​ Don't use AI Generated images unless they confirm that the images being generated come from an ethically-trained model which respects copyright and creators.​

We also recommend consulting the University of Edinburgh’s Generative AI Guidance for Staff.

Public Domain Images

A more ethical, and environmentally friendly, alternative to using AI generated images is to use public domain images, of which there are millions, with more entering the commons every year.  Public domain works, are creative works that are no longer under copyright protection because copyright has expired and they have entered the public domain, or they have been dedicated to the public domain by creators who choose to give up their copyright.  This means that they can be used free of charge, by anyone, for any purpose, without any restrictions whatsoever.  You don’t even have to provide attribution to the creator, though we always recommend that you do.

There are many fabulous sources of easily discoverable public domain images on the web, including:

Public Domain Day is celebrated on the 1st of January each year. In many countries, this is the day that copyright expires on creative works, and they become part of the public domain. This year, on Public Domain Day, the Public Domain Review launched a new interface to their Image Archive to enable users to search and explore their collections. 

And if you do happen to be looking for a cartoon mouse to use in your slides you’ll find one in the public domain that you can use with no restrictions or risk of copyright infringement, either for you or your employer. The original version of Mickey Mouse from the 1928 cartoon Steamboat Willie entered the public domain in 2024.

Black and white image of Mickey Mouse from the 1928 cartoon Steamboat Willie.

Mickey Mouse by Walt Disney, public domain image from the 1928 cartoon Steamboat Willie.

Further Reading

People and trust first, technology second⤴

from @ education

After a productive early morning call with my excellent OSI colleagues and a satisfying burst of administrivia deck-clearing, I made a second cup of coffee and settled down to read this morning's HESA blog post from Alex Usher. Today he was summarising his thoughts from … Continue reading People and trust first, technology second